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  #1  
Old December 11th, 2004, 05:07 PM
JordanT JordanT is offline
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Is it legal to use My host's TOS?

I run a hosting company and I was wonderinf if it was legal to use my host's TOS as my TOS also? I did not see any copywrite on the page. I don't want to consault a legal advisor or such

Thanks
http://hosting.liquidbluex.net

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Old December 12th, 2004, 08:50 AM
WINDOWS 2003 WINDOWS 2003 is offline
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Quote:
Originally Posted by LiquidBlueX.net
I run a hosting company and I was wonderinf if it was legal to use my host's TOS as my TOS also? I did not see any copywrite on the page. I don't want to consault a legal advisor or such

Thanks
http://hosting.liquidbluex.net


What i think is, if you are required to go by their rules, then your clients are required too.

you basically have to pass on their TOS because you are responsible for your clients failure to abide by them.

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Old December 15th, 2004, 08:48 AM
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I'm sure your host will approve - best way to do it is ask. If they have a problem with it I'd be surprised...if anything they'd be happy you're going to use their ToS to ensure your clients abide by the same rules.

Another recommendation would be to increase the penalties associated with administrative fees and whatnot that your host outlined (costs for spamming, etc..). Double them - that way if they do violate it you're able to cover your time and efforts as well as your host's requirements, or any extra fees you might be charged for said activities.

Make sure ALL clients adhere to it. We actually send out a printed copy of the ToS and AuP to all new clients and they sign stating that they agree to the terms on one page. We include a return envelope that is stampped and addressed, they sign, enclose, and return. I recommend the practice to anyone, that way if the matter needs you can xerox a copy of that page stating that they understood the terms and aggreed and use it as needed.

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Old December 17th, 2004, 06:47 PM
websiteunited websiteunited is offline
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Hey,
actually, I encourage ALL of my resellers, dedicated server clients, and server resellers to use my TOS.

All they have to do, is change my company name to theirs The reason for this, is so that we have a matching set of rules and regulations for clients to follow.

Ask them first, however, so you don't get in trouble for it.
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Old December 17th, 2004, 06:57 PM
JordanT JordanT is offline
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Yep, I consulated my host on it, and they said it was fine. I just modiefied it to my needs.


Thanks guys

Jordan

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Old January 5th, 2005, 11:35 PM
niyogi niyogi is offline
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ToS's usually don't have copyrights on them (to my knowledge). We encourage our users to use our ToS/AUP policies on their hosting websites.

Roj

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Old January 7th, 2005, 04:07 PM
prospector prospector is offline
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It doesn't matter if it has copyrights written in text on it.
It is still written material and protected by Federal copyright laws.
This goes for ANY content on the web including text, images, even emails.
You need written consent from the author (which it seems you have done in your case) to use your hosts TOS or AUP as your own.
Just to play it safe, I'm having a lawyer make my own - making sure that it includes everying that is on my hosts version as well. That way I'm still covered if I switch hosts.

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